The Criminals Who Poison Our Elections

Anybody with the sense God gave a goose understands that Republican efforts to stamp out voter fraud are really an attempt to reduce the number of Democratic voters. Here’s what’s been happening in Georgia:

[The Republican] Secretary of State publicly accused the New Georgia Project in September of submitting fraudulent registration forms. A subsequent investigation found just 25 confirmed forgeries out of more than 85,000 forms—a fraud rate of about 3/100ths of 1 percent [in decimal terms, that’s a rate of 0.000294].

Meanwhile, a group of civil rights lawyers filed a lawsuit claiming that thousands of registration forms submitted this summer still haven’t been recorded in Georgia’s voter database, “nearly all of them belonging to people of color in the Democratic-leaning regions around Atlanta, Savannah and Columbus”. State and county officials, however, said they have already processed all of the applications sent to them by the October 6 registration deadline, and anyway, there is no state law that requires properly-submitted registrations to be processed by any particular date. A local judge has declined to intervene, citing a lack of proof that the registrations have gone missing.

Then there is this detailed report from Al Jazeera America:

Election officials in 27 states, most of them Republicans, have launched a program that threatens a massive purge of voters from the rolls. Millions, especially black, Hispanic and Asian-American voters, are at risk. Already, tens of thousands have been removed in at least one battleground state, and the numbers are expected to climb…

At the heart of this voter-roll scrub is the Interstate Crosscheck program, which has generated a master list of nearly 7 million names. Officials say that these names represent legions of fraudsters who are not only registered but have actually voted in two or more states in the same election — a felony punishable by 2 to 10 years in prison.

How does this Crosscheck program work? You can appear on the list as a suspected felon if your first and last name matches the first and last name of someone who voted in another state:

The actual lists show that not only are middle names commonly mismatched and suffix discrepancies ignored [such as Jr. or Sr.], even birthdates don’t seem to have been taken into account. Moreover, Crosscheck deliberately ignores Social Security mismatches, in the few instances when the numbers are even collected.

A statistical analysis revealed that African-Americans, Hispanics and Asian-Americans appear on the list much more often than their percentage of the population would indicate, while white Americans appear less often. The reason is that there is less variety in the names of certain ethnic groups, and among those groups are African-Americans, Hispanics and Asian-Americans, groups that all tend to vote for Democrats. (By the way, you can enter your own name at the Al Jazeera America site and see if you’re right to vote may be challenged.)

If you’ve watched enough Fox News, you might conclude that the hordes of Democrats who poison our elections by illegally voting in more than one state don’t use the same birthdates or Social Security numbers when they register to vote in this state and that, so why bother matching on those criteria?

Or you might infer that America does indeed have a criminal element bent on interfering with the electoral process. Unfortunately, the most crafty and dangerous members of this criminal conspiracy are Republican officials whose job it is to administer elections.

PS — Paul Krugman wrote an excellent column the other day called “Plutocrats Against Democracy”. I suggest reading the whole thing, which isn’t very long. It ends this way:

But now you understand why there’s so much furor on the right over the alleged but actually almost nonexistent problem of voter fraud, and so much support for voter ID laws that make it hard for the poor and even the working class to cast ballots. American politicians don’t dare say outright that only the wealthy should have political rights — at least not yet. But if you follow the currents of thought now prevalent on the political right to their logical conclusion, that’s where you end up.

The truth is that a lot of what’s going on in American politics is, at root, a fight between democracy and plutocracy.

Professor Krugman is an optimist. He thinks the plutocrats haven’t already won.

Ebola, Obama, Republicans, the Usual Nonsense

From Evert Cilliers, writing at the very good Three Quarks Daily site:

What is it about Ebola and America? We have fewer cases than you can count on one hand of this horrible disease, among a nation of 300 million plus, and we’re freaking out as if ISIS has landed and beheaded everyone in Congress (not a bad idea, actually, they’d be doing us all a favor).

And now our President has gone and appointed an Ebola czar. What is this new Czar supposed to do? Go and comfort the families of the one dead from Ebola and the couple of others now in hospital? Big job. Jeez, why is our President acting like a scare-mongered wimp himself? He is supposed to be the grownup in the room. One would expect him to say something like this:

“My dear Americans,

Take a chill pill. Ebola is not a threat to our nation. The Republican Party is a bigger threat, the way they stand against raising the minimum wage for our folks who need to get food stamps even though they’re working all day. Why do Americans who actually work have to earn so little that they can’t even feed themselves? And why are we subsidizing Walmart and McDonalds who pay their employees so little they need food stamps? Walmart is costing you over $6 billion a year out of your taxes you pay in public assistance to their employees. Ebola is the last of our problems. Ignore it. I do. No need to act like a bunch of hysterical wimps. Let the GOP do that. They’re good at being wimps. It’s the other side of their coin. They act like wimps because they’re bullies. So why don’t you go out in November and vote against them? I need Congress back on my side so we can actually make some laws that will benefit the American people.”

Unless you’re a nurse with an Ebola patient, which you’re not.

More from Mr. Cilliers at Three Quarks Daily.

Political Corruption in America, Then and Now

Zephyr Teachout is a law professor at Fordham University. She recently ran against Governor Andrew Cuomo in the Democratic primary, a quixotic venture if her goal was to become the Governor of New York. Her more realistic goals included calling attention to Cuomo’s political shenanigans, highlighting ways to improve our politics and maybe selling a few copies of her book (we all have to eat).

The book is Corruption in America: From Benjamin Franklin’s Snuff Box to Citizens United. The snuff box was a diamond-encrusted gift that Louis XVI gave to our ambassador to France. “Citizens United” is the recent Supreme Court decision allowing corporations and other organizations to influence elections as much as possible by spending unlimited amounts of money.

From a review of Corruption in America by the journalist Thomas Frank:

Today’s [Supreme Court] understands “corruption” as a remarkably rare malady, a straight-up exchange of money for official acts. Any definition broader than that, the justices say, transgresses the all-important First Amendment. Besides, as Justice Anthony Kennedy announced in the Citizens United decision, the court now knows that “independent expenditures, including those made by corporations, do not give rise to corruption or the appearance of corruption” — a statement that I guess makes sense somehow in law-land but sounds to the layman’s ear like the patter of a man who has come unzipped from reality….

Our current Supreme Court, in Citizens United, “took that which had been named corrupt for over 200 years” — which is to say, gifts to politicians — “and renamed it legitimate.” Teachout does not exaggerate. Here is Justice Kennedy again, in the Citizens United decision: “The censorship we now confront is vast in its reach. The government has ‘muffle[d] the voices that best represent the most significant segments of the economy.’ ”

You read that right: The economy needs to be represented in democratic politics, or at least the economy’s “most significant segments,” whatever those are, and therefore corporate “speech,” meaning gifts, ought not to be censored. Corporations now possess the rights that the founders reserved for citizens, and as Teachout explains, what used to be called “corruption becomes democratic responsiveness.”

Being “unzipped from reality” aptly describes much of our politics, including a series of decisions by our Republican-dominated Supreme Court.

Did it matter that the Supreme Court helped George Bush get elected in 2000, which made it possible for him to be reelected in 2004? David Cole, writing in the New York Review of Books, reminds us:

… when Justice [Sandra Day] O’Connor announced her retirement and Chief Justice Rehnquist died in office in 2005, President Bush, not Al Gore or a successor, had the privilege of appointing two new justices and shaping the Court for years to come. Had a Democratic president been able to replace Rehnquist and O’Connor, constitutional law today would be dramatically different. Affirmative action would be on firm constitutional ground. The Voting Rights Act would remain in place. The Second Amendment would protect only the state’s authority to raise militias, not private individuals’ right to own guns. Women’s right to terminate a pregnancy would be robustly protected. The validity of Obamacare would never have been in doubt. Consumers and employees would be able to challenge abusive corporate action in class action lawsuits. And Citizens United v. Federal Election Commission, which struck down regulations on corporate political campaign expenditures and called into question a range of campaign spending rules, would have come out the other way. But it was not to be.

Returning to Thomas Frank’s review of Zephyr Teachout’s book, it’s hard to believe that political lobbying used to be shameful, even criminal, not a multi-billion-dollar industry:

Once upon a time, lobbying was regarded as obviously perfidious; in California it was a felony; and contracts to lobby were regarded as reprehensible by the Supreme Court. Here is a justice of that body in the year 1854, delivering the court’s decision in a case concerning lobbyists and lobbying contracts:

“The use of such means and such agents will have the effect to subject the state governments to the combined capital of wealthy corporations, and produce universal corruption, commencing with the representative and ending with the elector. Speculators in legislation, public and private, a compact corps of venal solicitors, vending their secret influences, will infest the capital of the Union and of every state, till corruption shall become the normal condition of the body politic, and it will be said of us as of Rome —omne Romae venale [in Rome, everything is for sale].”

Well, folks, it happened all right, just as predicted. State governments subject to wealthy corporations? Check. Speculators in legislation, infesting the capital? They call it K Street. And that fancy Latin remark about Rome? They do say that of us today. Just turn on your TV sometime and let the cynicism flow.

And all of it has happened, Teachout admonishes, because the founders’ understanding of corruption has been methodically taken apart by a Supreme Court that cynically pretends to worship the founders’ every word. “We could lose our democracy in the process,” Teachout warns, a bit of hyperbole that maybe it’s time to start taking seriously.

Considering how money pollutes our politics, and how gerrymandering, vote suppression, low turnout (especially among the young and the poor) and the Constitution itself skew the results, the idea that America is an oligarchy, not a democracy, doesn’t sound hyperbolic at all.  

Nevertheless, quixotic or not, I’m still going to vote in a couple weeks for the Democratic candidates for the U.S. Senate (he’s sure to win) and the House (she’s sure to lose), as well as for bail reform and more environmental funding. It’s the least I can do.

Some Progress, But We Could Be Doing Much More

Jonathan Chait of New York Magazine sums up the continuing success of the Affordable Care Act here :

The Commonwealth Fund has a new survey showing that the proportion of adults lacking health insurance has fallen by a quarter, from 20 percent of the population to 15 percent. (Most respondents, including 74 percent of newly-insured Republicans, report liking their plan.) Also, this week, the Congressional Budget Office again revised down its cost estimates for Medicare, which now spends $50 billion a year less than it was projected to before Obamacare passed. Also, the New England Journal of Medicine recently estimated that 20 million Americans gained insurance under the new law.

Just think what we’d be able to do in this country if the Republicans were reasonable or if there were fewer of them in office. We could have boosted the economy, for example, by investing in our infrastructure during this terrible recession instead of going crazy about the deficit. Below is a chart from Paul Krugman’s blog showing the “Great Disinvestment”, how public spending on construction has dropped in the past four years when it should have increased:

070314krugman1-blog480

The Burdensome and Anti-Christian “EBSA Form 700”

As noted in the previous post, a majority of justices on the Supreme Court granted Wheaton College a temporary reprieve from having to fill out and distribute EBSA Form 700. That’s the form that’s supposed to be used by non-profit religious organizations to say they don’t want their employees’ health insurance to cover some or any forms of contraception.

Wheaton told the Supreme Court that Form 700 constituted a significant burden on their religious beliefs. They preferred writing their own letter to the government instead. Understandably, the three women on the Supreme Court thought that was crazy (I’m guessing that the other Democrat on the Court, Justice Breyer, agreed with Justices Sotomayor, Ginsburg and Kagan, but this isn’t the kind of issue that requires the whole Court to express an opinion. Maybe he was out of town or so fed up with some of his colleagues that he’s thinking of giving up the law.)

As government forms go, Form 700 is simplicity itself. Here are its key features:

This form is to be used to certify that the health coverage established or maintained or arranged by the organization listed below qualifies for an accommodation with respect to the federal requirement to cover certain contraceptive services without cost sharing…

[Enter name of objecting organization, individual authorized to make this certification, name and address, etc.]

I certify that, on account of religious objections, the organization opposes providing coverage for some or all of any contraceptive services that would otherwise be required to be covered; the organization is organized and operates as a nonprofit entity; and the organization holds itself out as a religious organization.

[Signature and date.]

The organization or its plan must provide a copy of this certification to the plan’s health insurance issuer (for insured health plans) or a third party administrator (for self-insured health plans) in order for the plan to be accommodated with respect to the contraceptive coverage requirement.

That’s basically it. The form doesn’t even ask for the name and address of the health insurance issuer/administrator, something I certainly would have included if I were the senior bureaucrat responsible for EBSA Form 700.

I think Wheaton objected to this form because they didn’t want to send a copy to their health insurance issuer or third party administrator. Apparently, they thought that doing so would amount to being too cooperative with the government in its anti-Christian effort to make sure health insurance covers contraception. Justice Sotomayor argued in her dissent that forcing the government to identify the issuer/administrator and then send them a copy would be wasting the government’s time, especially if such religious exemptions become common.

Her main point, however, was that it’s the Court’s job to determine whether a law is too burdensome on somebody, not simply take their word for it, as the majority on the Court did here. But the activist Republican judges on the Supreme Court are clearly making this stuff up as they go along.

The burdensome (?) and anti-Christian (?) EBSA Form 700 is available here.

The Court’s brief ruling and Justice Sotomayor’s lengthy dissent is here.